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2023 Supreme(J&K) 406

SANJAY DHAR
Sharifakhter – Appellant
Versus
UT of J&K – Respondent


Advocates Appeared:
For the Petitioner: Mr. Arif Sikandar Mir.
For the Respondents: Mr. Mubeen Wani, Dy. AG-1, 5 & 6, Mr. M.M. Dar, Mr. Z.A. Qureshi, Sr. Adv. with Ms. Razia Amin.

JUDGMENT :

1. The petitioners have sought a direction upon respondents No.5 and 6 to de-seal their petroleum outlet and to allow them to install/operate the petroleum outlet at Shahpora Ganderbal.

2. It appears that the petitioners had applied for retail outlet dealership of petroleum pump at the site “within three kilometers from Beehama Chowk towards Vail Ganderbal” vide their application dated 19th December, 2018. Respondent No.3-Hindustan Petroleum Corporation Limited, informed the petitioners vide its letter dated 12.02.2019 that they have been selected for the purpose. After completing the requisite formalities as were required to be done, the petitioners offered a piece of land measuring 30 meters frontage X 30 meters in depth in Khasra No.333/101-min and 454/100-min situated at Village Shahpora Tehsil and District Ganderbal for setting up the petroleum outlet. The said land was found to be suitable, whereafter respondent No.2, vide his communication dated 25.07.2019, requested respondent No.5-Deputy Commissioner, Ganderbal to grant No Objection Certificate for installation of the retail outlet/petrol pump on the land offered by the petitioners. Accordingly, respondent Deputy

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